California Privacy Notice

Date last updated: July 7, 2023

If you are a California resident, the California Consumer Privacy Act and the California Privacy Rights Act (collectively, the “CCPA”) provide you with certain rights regarding your personal information, including the right to know about personal information collected, disclosed, or sold; the right to request that we delete personal information that we have collected from you; the right to update or correct your information; the right to opt-out of the sale or sharing of your personal information; the right to limit our use of your sensitive personal information; and the right not to be discriminated against for exercising your rights. These rights are subject to certain exceptions. You may also visit our Privacy Policy to learn more about how we protect your information.

Any capitalized terms in this California Privacy Notice that are not otherwise defined have the same meaning as they do in the CCPA or in our Privacy Policy. This California Privacy Notice also serves as our “Notice at Collection” under California law.

Spatial Networks, Inc., which proudly develops the Fulcrum platform, acts as a “service provider” under the CCPA (as opposed to a “business”) for the majority of the personal information that it processes through its Service. Accordingly, for personal information that it processes in this service provider capacity, Spatial Networks complies with relevant legal requirements imposed on service providers.

If you visit our website (located at https://www.fulcrumapp.com/) or use our applications, services, or software (collectively, with the website, the “Service”), we may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). We may have collected the following categories of personal information about you over the past 12 months:

• Identifiers, such as your name, email address, physical address, and Internet Protocol address.
• Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80, such as your name, address, telephone number, education, employment history, and credit card information.
• Characteristics of protected classifications under California or federal law, such as your race, religion, and sexual orientation.
• Commercial information, such as the details of transactions you conduct using the Service.
• Biometric information.
• Internet or other electronic network activity information, such as your cookies and information about your interactions with the Service.
• Geolocation data.
• Professional or employment-related information, such as your employment details.
• Education information.
• Inferences drawn from any of the information identified above.
• Sensitive personal information, including:
  • Racial origin, religious beliefs, and trade union membership.
  • Genetic data.
  • Health information.
  • Sexual orientation.

We collect the personal information listed above from the following sources:

• From you directly, when you provide it to us.
• From other sources in the course of our business.
• Automatically from your browser or from the Service.

In the last 12 months, we may have disclosed for our business purposes the following categories of personal information subject to the CCPA:

• Identifiers, such as your name, email address, physical address, and Internet Protocol address.
• Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80, such as your name, address, telephone number, education, employment history, and credit card information.
• Characteristics of protected classifications under California or federal law, such as your race, religion, and sexual orientation.
• Commercial information, such as the details of transactions you conduct using the Service.
• Biometric information.
• Internet or other electronic network activity information, such as your cookies and information about your interactions with the Service.
• Geolocation data.
• Professional or employment-related information, such as your employment details.
• Education information.
• Inferences drawn from any of the information identified above.
• Sensitive personal information, including:
  • Racial origin, religious beliefs, and trade union membership.
  • Genetic data.
  • Health information.
  • Sexual orientation.

We may have disclosed or shared any of the information listed above with:

• Third-party service providers supporting the operation of the Service.
• Analytics providers, to help analyze the data that we collect.
• Our advertising partners.
• Other third parties for a legal purpose (such as in response to a court order or to defend against a legal claim).
• Other third parties when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party.

We may collect, use, or disclose your personal information to the entities listed above for the following purposes:

• Administering our website, application, and business;
• Personalizing our website tools and/or databases for you;
• Enabling your use of the Service;
• Sending you software or software tools purchased through our app or website;
• Supplying the Service to you;
• Sending statements, invoices, and payment reminders to you, and collecting payments from you;
• Sending you marketing and non-marketing communications;
• Sending you email notifications that you have specifically requested;
• Providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
• Providing information to our service providers.
• Dealing with inquiries and complaints made by or about you relating to the Service;
• Keeping our app and website secure and to prevent fraud;
• Serving you advertisements; and
• Verifying compliance with the terms and conditions governing the use of the Service.
• Any other purpose listed in our privacy policy.

If we maintain personal information about you that is subject to the CCPA, you may exercise certain rights in connection with this data if you are a California resident.

Right to Know

California residents have the right to request that we disclose certain information about our collection and use of your personal information over the past twelve months (“Right to Know”).  Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• The categories of personal information that we have disclosed for a business or commercial purpose.
• Our business or commercial purposes for collecting, selling, or sharing personal information.
• The categories of third parties with whom we share or disclose that personal information.
• The specific pieces of personal information we collected about you (i.e., a data portability request).

Right to Delete

California residents have the right to request that we delete the personal information that we collected from you and retain, subject to certain exceptions (“Right to Delete”). Once we receive and verify your request, we will delete (and direct our service providers and contractors to delete) your personal information from our records, unless an exception applies.

Right to Correct

California residents have the right to correct or amend the personal information we have on file (“Right to Correct”). You may correct or amend by logging into your account or by contacting us using the information below.

Right to Opt-Out of Sale or Sharing

The CCPA provides California residents with the right to opt-out of the “sale” or “sharing” of their personal information (“Right to Opt Out”). If you wish to opt-out of the sale or sharing of your personal information, you may do through the Network Advertising Initiative and Digital Advertising Alliance websites. You may also exercise this right by contacting us via email at privacy@fulcrumapp.com.

We do not have actual knowledge that we sell or share the personal information of California residents under the age of 16.

Right to Limit the Use of Your Sensitive Personal Information

The CCPA provides California residents with the right to limit the use of their “sensitive personal information” to the purposes outlined in Cal. Code Regs. tit. 11, § 7027(m) of the CCPA regulations.

We do not use your sensitive personal information for any purposes outside of those permitted by § 7027(m).

Right to Nondiscrimination

The CCPA provides California residents with the right not to receive discriminatory treatment for the exercise of their privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

If you are a California resident and wish to exercise any of the above rights, you may submit a request to us by email at privacy@fulcrumapp.com.

When you submit a request, we will confirm your identity by asking you to provide information associated with what we have on file for you, including your name, email address, and other identifying information. We may ask you for additional information to verify your identity or to comply with your request.

Authorized Agent

You may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will still require you to provide information to allow us to reasonably verify that you are the person about whom we collected personal information.

Opt-Out Preference Signals

We do not presently have the capability to recognize opt-out preference signals. Once this capability is developed and if you have implemented an opt-out preference signal (sometimes known as a global privacy control) through your browser or device, we will treat that opt-out preference signal as a valid request of your Right to Opt Out. Once we recognize the opt-out preference signal on our Service, we will automatically apply your right to opt-out of sale and sharing to the browser or device through which we recognize the signal. The Service will respond to opt-out preference signals in a frictionless manner (i.e., you will not need to take any additional steps for your opt-out preference signal to be recognized).

To learn more about opt-out preference signals, please visit https://globalprivacycontrol.org/.

We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it.  When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.

In addition to the CCPA, California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. We do not disclose your personal information for these purposes.

If you wish to contact us regarding this California Privacy Notice, you may do so by email at  privacy@fulcrumapp.com.